Harry F. Tepker Jr.

A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit

Nancy Levit

Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual minorities ...

Reinhold Fahlbeck

Conditioning Expectations: The Protection Of The Employment Bond In German And American Law, Thomas Kohler, Michael Kittner

Thomas C. Kohler

According to many observers, one of the critical factors accounting for the unprecedented economic growth that the United States enjoyed during the past decade is a regulatory regime that places few restrictions on an employer's ability to shed unwanted employees. Similarly, the slower economic growth that Germany and Europe experienced during this period often is attributed to elaborate employment protection schemes that restrict the ability of employers to discharge undesired workers. These protections are blamed for making countries like Germany less attractive places for foreign investment. This piece examines in comparative perspective the restrictions the American and German regulatory ...

Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler

Thomas C. Kohler

Leveling The Playing Field Or Stacking The Deck? The "Unfair Advantage" Critique Of Perceived Disability Claims, Michelle A. Travis

Michelle A. Travis

In Title I of the Americans with Disabilities Act of 1990 (ADA), Congress recognized that the fears, misperceptions, and stereotypes about disabled individuals are so pervasive that employment discrimination reaches beyond those who actually possess substantially limiting impairments. Accordingly, the ADA protects not only employees with actual disabilities, but also those nondisabled employees who mistakenly are regarded as disabled by their employers. This Article analyzes to what extent those with perceived disabilities should receive the same substantive safeguards as those who are actually disabled. Specifically, the Article argues that applying the traditional forms of the ADA's reasonable accommodations and ...